The occupation indemnity owed by a

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The occupation indemnity owed by a former tenant who can no longer claim the benefit of the legislation applicable to commercial leases must be set in accordance with the general law so as to compensate the full loss suffered by the owner who has been deprived of the free disposal of their property. It follows that Article 33 of the Decree of 30 September 1953, which establishes a two-year limitation period, does not apply.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.